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McINNIS v. MAINE

No. 10-1437.

638 F.3d 18 (2011)

James McINNIS Sr., et al., Plaintiffs, Appellants, v. State of MAINE, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided March 7, 2011.

Attorney(s) appearing for the Case

Robert C. Andrews , for appellants.

William R. Fisher , Assistant Attorney General, with whom Janet T. Mills , Attorney General, was on brief, for appellees William Deetjen, Craig Andersen, Philip Alexander, Scott Rochefort and Stephen Borst.

Cassandra S. Shaffer , with whom Peter T. Marchesi , and Wheeler & Arey, P.A., were on brief, for appellees York County, Kenneth Hatch and Maurice Ouellette.

Before LYNCH, Chief Judge, SOUTER, Associate Justice, and STAHL, Circuit Judge.

SOUTER, Associate Justice.

Plaintiff James McInnis was convicted of both federal and state offenses, and sentenced to a period of probation on the state charge, set to begin at the conclusion of the term of his state incarceration. On January 5, 2007, during what McInnis's probation officer believed to be the probation period, he authorized McInnis's warrantless arrest for violating probation and a warrantless search for drugs suspected to be in his possession. Actually...

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